Course Terms and Conditions
ART Your Life Pty Ltd
COURSE TERMS AND CONDITIONS
- THE PROGRAM
1.1. In return for payment of the Course fees, you receive the right to attend the Program and receive the program services and material that are relevant to the selected Program. You acknowledge that AYL does not make any representation of any training/health results or future income and that you are 100% responsible for your results during this Program. AYL will have no liability towards you if your results after completion of the Program do not live up to your expectations.
1.2. You agree and consent to some program sessions being recorded for training and marketing purposes.
1.3. AYL reserves the right to change the “live” program venue and or session dates at any point during the training in order to best serve the needs of the participants of the Program.
1.4. If you have chosen to receive the online program, you acknowledge that you must access the online material including webinars, uploads and other information on your own equipment and at your own cost.
1.5. AYL will not be responsible for any loss or damage suffered by you as a result of any delay in uploading any of the online program material.
1.6. You agree to behave in an ethical and appropriate manner throughout the duration of the Program and when dealing with all AYL staff and colleagues, contractors, trainers, clients etc.
1.7. You agree to keep all Confidential Information strictly confidential and not disclose it to any third party without the prior consent of AYL. You agree to use the Confidential Information solely for the purpose of undertaking the Program. You further agree to keep confidential all personal or private information of any other participant or director, agent or employee of AYL that you become aware of due to disclosure during any group discussions or training.
1.8. You acknowledge that any publicity or information provided by AYL in relation to the provision of the Program are for guidance only and are subject to alteration from time to time.
1.9. AYL is not liable in any way if the Program contains materials with which you are already familiar. You will not be given a refund if this is the case.
1.10. If you breach any of these terms and conditions then AYL may terminate its engagement to provide the Program to you by giving you 7 days’ written notice. In this case you will still be liable to pay all outstanding Course Fees. You will not be provided with a refund for the Course Fees.
2.1 Upon purchasing your chosen Program, you must pay all of the applicable Fees.
2.2 You agree and acknowledge that
- the deposit is not refundable;
- changing your mind is not a reason for a refund.
2.3 The Fees are not transferable.
2.4 If paying the Fees by payment plan, the following clauses 2.6 to 2.7 apply.
2.5 If a payment installment is missed then the whole amount of the Fees immediately become due and payable. Failure to make any payments when due will entitle AYL to terminate its agreement to provide the Program to you and you will still be liable for payment of all outstanding Fees in accordance with clause 1.10.
2.6 Payments are to be deducted at a time interval as agreed with AYL and will be direct debited from your nominated account
2.7 You must give notice, prior to your next payment day of any changes to your bank accounts or credit card expiry dates. Any dishonoured payments will be notified to you. You must then make arrangements for the dishonoured payment to be made within 7 days of notification together with any dishonor fees incurred by AYL.
2.8 The Registration Form is signed with the understanding that all terms and conditions are read and agreed to.
- PROGRAM SESSIONS/WORKSHOPS
3.1 You acknowledge that the Program sessions which you will be required to participate in may be personally, emotionally and physically challenging and that there may be occasions in which you feel emotional challenges including frustrations, annoyance or stress. You agree and confirm that you have undertaken any necessary tests or investigations with a suitably qualified expert before commencing training or any diet program to ensure that you are physically, mentally and emotionally fit for the Program.
3.2 You understand that the Program is not intended to supersede medical advice from your doctor or other health professionals. You agree to follow the Program only where doing so does not contravene medical advice provided to you. You agree to advise AYL if you experience changes to your personal details, medical conditions or health status.
- INTELLECTUAL PROPERTY
4.1 You acknowledge and understand that AYL has invested a significant amount of time and money investing in the development of the Intellectual Property and you agree that you will not and will not assist any third party to:
- do any act or thing that will cause the validity or distinctiveness of the Intellectual Property to be damaged, devalued or changed;
- use the Intellectual Property other than as required to undertake the Program;
- attempt to or cause to register any of the Intellectual Property under the provisions of any law in any part of the world;
- copy, distribute, replicate, sell or exploit any of the Intellectual Property including any of the written visual or audio materials other than as required to do so for the purpose of participating in the Program;
- contest or challenge in any legal proceedings or otherwise the ownership of the Intellectual Property.
4.2 You acknowledge that AYL owns all the rights to the Intellectual Property and that you do not acquire any rights or interests in the Intellectual Property other than right to participate in the Program.
4.3 You agree that a breach of this clause would be harmful to the business interests of AYL and that monetary damages alone would not be a sufficient remedy for a breach of this clause. In addition to any other remedy which may be available in law or equity, you irrevocably agree that you will not dispute any application by AYL to interim, interlocutory and permanent injunctions or any of them to prevent breach of this clause 4 and to compel specific performance of it.
4.4 Your obligations under this clause and clause 1.7 continue indefinitely and are not diminished or terminated by the completion or termination for any reason of this Agreement.
- INDEMNITY & RELEASE & NON CIRCUMVENTION
5.1 You confirm that you agree to participate in the Program at your own risk. You agree as follows:
- To indemnify and keep indemnified AYL from and against all loss, costs (including all legal fees and other costs incurred) damage or liability suffered or incurred (whether criminal or civil) resulting from your participation in the Program or your breach of this agreement howsoever caused whether it be by any negligent act, breach of duty, default and/or omission on the part of AYL, its directors, instructors, members, servants or agents;
to release and discharge AYL from all liability that it may have arising out of my participation in the Program
- You agree that you will not hold AYL liable for any loss or cost or damages incurred by you (or any person related to you) in the event of mental, physical, emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to your participation in the Program.
5.2 You agree that you will not without the prior written consent of AYL, which consent AYL may withhold in its sole discretion:
- attempt in any manner to deal directly or indirectly in any manner with any other participants of the Program for the purpose of having any part of or deriving any benefit from any business opportunity that but for your involvement, AYL would have benefitted from; or
- by-pass, compete, avoid, circumvent, or attempt to circumvent AYL from any business opportunity involving any other participant of the Program including by utilizing or exploiting any of the Confidential Information.
5.3 In the event that AYL is liable to any extent under this agreement or under general law AYL’s liability is to be limited to the amount of the Fees paid by you.
- GENERAL PROVISIONS
6.1 AYL means Art Your Life Pty Ltd and includes any director, officer, agent or employer of Art Your Life Pty Ltd.
1.11. Confidential Information means any information relating to the business of AYL, any information that is designated by AYL as confidential, any information divulged by any fellow participant of the Program that you become aware of, any information which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential
6.2 Intellectual Property means all trade marks, patents, copyrights, processes, know-how, registered designs or other like rights owned by or licensed to AYL including but not limited to the rights contained in AYL’s website, stationery, customer lists, graphics, literature, style of trading, copyright, design rights, logos, course materials and content etc).
6.3 All disputes which may arise as a result of this agreement shall be referred to a single arbitrator to be agreed upon by the parties or failing agreement an arbitrator appointed by the president of the Northern Territory Law Society. The parties must request that the arbitrator make a determination on who is liable to pay the arbitrators costs.
6.4 These terms and conditions are governed by the law of The Northern Territory and both parties submit to the jurisdiction of The Northern Territory.
6.5 If a provision of these terms and conditions on its true interpretation or construction is held to be illegal, invalid or unenforceable:
- that provision will, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
- if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability.
6.6 The parties hereby acknowledge that no representations or warranties have been made other than those expressly recorded in these terms and conditions.